Marciano v. Marciano

Order unanimously reversed, without costs and matter remitted to Ontario County Family Court for a new hearing in accordance with the following memorandum: This is an appeal from a Family Court order which granted the respondent ex-wife’s petition to terminate the visitation rights of the appellant ex-husband with respect to the parties’ four-year-old daughter, of whom respondent has custody. Appellant contends, and we agree, that the competent evidence adduced at the hearing was insufficient to warrant termination of all visitation. At the hearing, held March 26, 1976, appellant appeared pro…